Ren Fen Limited trading as The Will Register (the ‘Company’)
This documents (together with the documents referred to therein) inform you as to the terms and conditions on which the Company supplies some or all of the services including the Registration Service and Search Service (as defined below) (the ‘Online Services’ and each an ‘Online Service’) on its website www.thewillregister.ie (the ‘Website’) to you. Please read these terms and conditions carefully before ordering an Online Service.
You understand and agree that by ordering an Online Service you will be bound by the Terms of Supply (as defined below). If you do not accept the Terms of Supply, you will not be able to order or receive the Online Services. By placing an order for the Online Services you accept the Terms of Supply in the version current at the time that order is placed.
The Company may amend or update the Terms of Supply from time to time.
You will be required to confirm your acceptance of the Terms of Supply before placing any order for an Online Service.
In these Terms of Supply, unless the context otherwise requires:
|Contract||means a legally binding contract between the Company and you based on the Terms of Supply|
|Material||means Company Material and User Material together|
|Month||means a calendar month|
|Company Material||means website information and content, such as text, graphics, software, images and other such materials created by the Company|
|Registration Service||means the service provided by the Company on the Website whereby the whereabouts and certain other details relating to a Will Document can be registered in the Will Register|
|Search Service||means the service provided by the Company on the Website whereby a search is made on the Will Register|
|Serviced Country||means the Republic of Ireland|
|Terms of Supply||means these terms and conditions of supply and the other documents referred to in them, as amended from time to time|
|User Material||means website content created by you, third parties and other users of the Website|
|Will Documents||means originals of important documents such as wills, codicils, memoranda and letters of wishes, trusts, secret and half secret trusts, similar and related legal documents and instruments taking effect on death|
|Will Register||the hosted database provided by the Company containing a register of Will Documents|
2. INFORMATION ABOUT THE COMPANY AND PURPOSE OF ONLINE SERVICES
2.1 The Company is a limited company registered in the Republic of Ireland with company number 654919. The Company’s registered office is at Maryborough Street, Graiguecullen, Carlow.
2.2 The Company can be contacted at the address specified in clause 2.1, by email at firstname.lastname@example.org and by using the national helpline number of 059-9134222.
2.3 The Company’s corporation tax number is 3635527NH.
2.4 The Company operates the Website.
2.5 The Registration Service is designed to facilitate the storage and retrieval of information regarding the whereabouts and certain other details of Will Documents.
2.6 The Search Service is designed to facilitate the search for information regarding the whereabouts of Will Documents.
3. MATTERS RELATING TO YOU, YOUR STATUS AND YOUR INFORMATION
3.1 Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the Serviced Country you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
3.2 By placing an order for Online Services through the Website, you warrant to the Company that you are: (a) legally capable of entering into binding contracts; (b) at least 18 years old; (c) not using the Online Service in connection with any business; (d) resident in the Serviced Country; and (e) accessing the Website from the Serviced Country.
4. YOUR RIGHTS AS A CONSUMER
4.1 As a consumer, you have legal rights in relation to the Online Services. Nothing in the Terms of Supply will affect those legal rights.
4.2 All orders for Online Services that you place on the Website will be subject to acceptance in accordance with the Terms of Supply and are processed as follows:
- The summary stage sets out the final details of your order. It is an acknowledgement that the Company has received your order but it does not constitute acceptance.
- Acceptance of your order and the completion of the Contract between you and the Company will take place on payment of the price for the Online Service being purchased unless the Company has informed you that your order has not been accepted or you have cancelled it in accordance with the provisions of the Terms of Supply.
- The Company is not obliged to accept your order for an Online Service. If the Company does not accept your order you will be informed and you will not be charged for the Online Service ordered. An order may not be accepted for a number of reasons including, but not limited to, failure to make payment at the time the order is placed, payment being rejected or clawed back by your credit card company, error in pricing or because the Company is unable to deliver the relevant Online Service in a timely manner.
- The Company does not provide a facility for you to access copies of your order on the Website.
4.3 As a consumer, you may only purchase an Online Service from the Website if you are at least 18 years old.
4.4 The Company will commence delivery of the Online Service that you have ordered immediately upon your order being accepted.
4.5 If you have a complaint about the Online Service that you have used or wish to request any information you can contact the Company using the contact details set out above.
4.6 Normally, consumer law allows you the right to cancel any contract made online within 14 days from receipt of acceptance of your order. However, because of the nature of the Online Services, the Company commences the Registration Service and Search Service as soon as possible after the order has been received. For this reason, once the Registration Service and Search Service have been commenced the Contract cannot be cancelled even if the 14 day cancellation period is still running. If you decide to cancel your order for an Online Service before the Company has started to process your order, the Company will not process the order and will provide a refund to the credit or debit card or bank account from which payment for the Online Service was made. However, it is important that you understand that many of the Company’s processes are automated, so it is likely that the Online Service that you have ordered will have commenced within seconds of your order being placed and payment made. The Company will process any refund due to you as soon as possible and, in any case, within 14 calendar days of the day on which you gave the Company notice of cancellation.
4.7 To be effective any cancellation must be sent to email@example.com quoting the relevant details and must be received before the Company has commenced processing your order.
4.8 If the Company fails to comply with the Terms of Supply, the Company is responsible for loss or damage you suffer that is a foreseeable result of the breach of the Terms of Supply, but the Company is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damages was an obvious consequence of the Company’s breach or if the loss and damage was contemplated by you and the Company at the time that the Contract was entered into. Your key legal rights in relation to any failure on the Company’s part to deliver the Online Services are:
- To ask the Company to repeat or remedy a service if it is not carried out with reasonable care and skill, or to have your money back if the Company cannot repeat or remedy it
- If the Company and you have not agreed a time for delivery of the relevant Online Service, it must be carried out within a reasonable time
- You agree not to use any Online Service for any commercial, business or re-sale purposes, and, save as set out above, the Company has no liability to you in contract, tort, pre-contractual or other representations for any:
i. economic loss (including, without limitation, loss of revenues, data, profit, contracts, business or anticipated savings)
ii. loss of goodwill or damage to reputation
iii special or indirect loss or damage suffered by any person
4.9 For security and training purposes, telephone calls to and from the Company may be recorded or monitored.
5. LIABILITY FOR REGISTRATION SERVICE AND SEARCH SERVICE
5.1 The registration of Will Documents is not mandatory and therefore not all Will Documents are registered on the Website. Therefore no liability attaches to the Company for the failure of a search by you to locate a Will Document.
5.2 No liability attaches to the Company for the use of incorrect details by you or any other person when seeking to register or search for a Will Document.
5.3 Availing of the Search Service by you does not relieve you or any person on whose behalf a request for a search has been submitted from making enquiries of persons who may reasonably be supposed to have a Will Document in their possession.
5.4 The Company does not guarantee that the contact details for the location of Will Documents are fully up to date and accurate.
5.5 Because the methodology used by the Company to search for Will Documents relies upon third parties registering Will Documents, the Company does not guarantee that use of the Search Service will result in the location of a Will Document held by a third party. The Company will not be liable to you or any other person if for any reason a Will Document is discovered subsequent the use of the Search Service which does not reveal the existence of a Will Document.
5.6 As the Company does not store Will Documents, the Company hereby excludes to the fullest extent permitted by law any liability for:
- any failure to find or delay in finding a Will Document
- the delivery by a third party of any Will Document to an incorrect address
- any loss of a Will Document by any third party
- any failure by any third party to store a Will Document appropriately
5.7 As the Company does not generate data relating to the existence or whereabouts of Will Documents, but relies on third parties to provide that data, the Company excludes to the fullest extent permitted by law any liability to you or any other person for:
- the failure of any person to register with the Company any Will Document in that person’s possession;
- any delay between the provision of data to the Company and the uploading of that data into the Will Register
- the provision of inaccurate or incomplete information relating to any Will Document by any person
- the failure by any person to update information or data held by the Company
- the removal of information relating to any Will Document by any person who appears to the Company to be entitled to remove it
- the failure of any person making use of the Search Service to provide accurate or complete details or information
5.8 Only information held by the Company at the time of the utilisation of the Search Service will be revealed and any subsequent updating of data on the Will Register will not obligate the Company to update the previous request.
6. USE OF ONLINE SERVICES
6.1 You are responsible for the acts and/or omissions of any persons making use of your identity whether being authorised to do so or not.
6.2 If you become aware that any unauthorised access to or use of any Online Service has occurred or may occur, you will promptly notify the Company.
6.3 If the Company becomes aware that any unauthorised access to or use of an Online Service has occurred or may occur, the Company will promptly notify you and may take steps to suspend and/or terminate your access to or use of the Online Services.
6.4 Without prejudice to the Company’s rights under clause 6.3, upon notification under clause 6.1 or 6.2 the Company will discuss with you what steps if any may be appropriate to reduce the risk of any further unauthorised access to or use of the Online Services, and the Company and you will each take such steps as soon as is reasonably practicable each bearing their own costs.
6.5 Where at any time the Company becomes aware that you are not complying with the Terms of Supply including but not limited to access to or use of the Online Services or that there has been or may be unauthorised access to or use of any Online Service, the Company reserves the right to suspend and/or terminate your access to any Online Services, and will notify you in the event that suspension or termination occurs. The Company has discretion to restore your access where you have demonstrated to the Company’s reasonable satisfaction that such non-compliance has ceased and the you are taking all reasonable steps to prevent its recurrence.
6.6 The Terms of Website Use apply to your use of the Online Services.
7. ONLINE PRICE AND PAYMENT
7.1 The price of any Online Services will be as quoted by the Company on the Website from time to time, except in cases of obvious error. These prices include VAT. Charges may be liable to change at any time.
7.2 The Company is under no obligation to provide any Online Service to you at the incorrect price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
7.3 Payment for all Online Services must be made in advance by credit card, debit card or direct debit mandate or such other payment methods as the Company may from time to time indicate as being acceptable on the Website. In the absence of other arrangements for payment agreed in advance between the Company and you, a Contract does not exist until the Company has received payment for that Online Service.
7.4 In the event that any payment in respect of any Online Service is rejected, clawed back, cancelled or otherwise negated, the Company will be entitled to recover that payment from you together with an administration charge of not less than €50, such other costs as may be awarded by a court of competent jurisdiction, and interest at the rate of 4% above the base rate of AIB Bank plc from time to time.
8. SUBMITTING CONTENT TO THE WEBSITE
8.1 You will remain solely liable for any material you submit to the Website (or which is provided by you and which the Company uploads to the Website on your behalf) and/or any Online Service. In submitting any material to the Website and/or an Online Service you hereby agree to indemnify, and keep indemnified, the Company, shareholders, affiliates, partners, directors, officers and employees from and against any and all claims, liability, costs, damage, other expenses or loss any of them may incur (including without limitation legal fees) as a result of any material you submit or any violation by you of your obligations under these Terms of Supply. If the Company prepares data for uploading to the Website based on data supplied by you, you are responsible for ensuring that the data prepared by the Company is accurate. The Company will not upload any such data to the Website until you have confirmed that you are satisfied that it is accurate.
8.2 If you are uploading information or content you warrant to the Company that the information or content that you provide is accurate and complete. You are responsible for ensuring that this information or content is promptly updated if there are any changes to the information or content provided and you undertake to maintain the accuracy and completeness of the information or content that you have uploaded.
8.3 By submitting any material to the Website, and/or any Online Service, you grant the Company an irrevocable, free of charge, non-exclusive, worldwide, perpetual license to use such material in the provision of Online Services to you and/or in relation to the delivery of the Online Services to third parties, including (but not limited to) responding to requests pursuant to the Search Service.
9. DATA PROTECTION
9.2 By confirming your acceptance of the Terms of Supply you are consenting to the processing of your personal data (or that of the person on whose behalf you are submitting personal data) by the Company in performance of the Contract and the sharing of that personal data with any third parties who use the Search Service.
9.3 If you use the Website to submit information for or on behalf of a third party you are responsible for any error in the accuracy of information provided to the Company or failure to properly obtain any required consent of the third party in connection with such use and you will indemnify and keep indemnified the Company, shareholders, officer, employees and agents, from and against any and all claims, liabilities, damages, costs, actions or demands, including without limitation all legal and accounting costs, arising or resulting from any inaccuracies in the information you submit or your breach of the Terms of Supply. Where making any use of third party information you must discharge any obligations that you may have as regards informing the third party of the terms and conditions applicable to such use.
9.4 Information uploaded onto any Online Service relating to the existence or whereabouts of a Will Document is the property of the person who executed the Will Document concerned, and not the property of the person who uploaded the information. Whilst the person who uploaded such information will be able to amend and update the information from time to time whilst they have access to the relevant Online Service, only the owner of such information will be entitled to have the information permanently removed from the relevant Online Service. Any such removal will be subject to the Company’s procedures from time to time which are designed to ensure that no information is permanently removed from an Online Service other than by the owner of the information.
10. AVAILABILITY OF THE ONLINE SERVICES
10.1 Due to the nature of the internet, online systems and software, the Company cannot ensure that the Online Services will be available at all times and/or will always function effectively. Accordingly, the Company will not be liable to you in respect of the unavailability or malfunctioning of any Online Service.
10.2 The Company will not be liable to you where you are unable to access any Online Service, or otherwise use any Online Service for reasons related to internet connectivity and/or telecommunications.
10.3 On occasion, technical problems may delay or prevent delivery of the Online Services. The Company shall do what it reasonably can to maintain an internet presence for the Website and/or the Online Services but does not guarantee continuous, uninterrupted use, especially when the Company has to carry out routine maintenance, repairs, reconfigurations or upgrades or in circumstances beyond the Company’s control.
10.4 In the event of significant anticipated downtime for routine maintenance, repairs, reconfigurations or upgrades or where the Company becomes aware of a significant interruption preventing access to the Website and/or the Online Services outside the Company’s control it will use its reasonable endeavours to contact you in advance of any downtime by sending an email to the address that you have registered with the Company.
10.5 Where interruption to your access to the Website and/or any of the Online Services is caused by factors within the Company’s direct control it will use reasonable endeavours to resolve the issue that has led to any Online Service being suspended and shall reinstate the Online Services as soon as it is reasonably able to do so.
11. THIRD PARTY SOFTWARE
11.1 To make full use of the Website, the Online Services or links to other websites it may be necessary to use particular computer equipment or to download or install certain pieces of software. If you are unable to access all or part of the Website and/or any of the Online Services because it does not automatically include access to any necessary software or equipment, this will not constitute a breach of any agreement by the Company and to the fullest extent permissible by law the Company will not be liable for any loss, damage or expense which may result from your inability to access the Website or Online Services.
12. THE COMPANY’S LIABILITY
12.1 Whilst the Company will do what it reasonably can to maintain an internet presence for the Website and will carry out regular virus checking of the Website server, the Company does not warrant that the Website will be available at all times, operate error-free or that the Website and its server are free of computer viruses and other harmful code. If your use of the Website or the Material results in the need for servicing or replacing equipment or data, the Company hereby excludes to the fullest extent permitted by law any liability for any cost or damage thereby incurred or suffered.
12.2 The Website and Material are provided on an “as is” basis without any warranties of any kind. The Company and its suppliers, to the fullest extent permitted by law, excludes all warranties implied by law or statute, including without limitation the warranty of merchantability, non-infringement of third parties’ rights, and the warranty of fitness for particular purpose. Whilst the Company will do what it reasonably can to maintain the accuracy of the Material, the Company and its suppliers make no warranties about the accuracy, reliability, completeness or timeliness of the Material, the Website, the Online Services, software text, graphics and links or about the results obtained from using them and the Company hereby excludes to the fullest extent permitted by law any liability for any cost or damage incurred or suffered by reason of any failure thereof.
12.3 The Company will not be liable in any way for any increased costs or expenses, loss of profit, business, contracts, revenues or expected savings or any special indirect or consequential damage whatsoever arising out of any provision or use of the Online Services, the Website or of any error or defect in either or of the performance non-performance or delayed performance of the Online Services.
12.4 The Company’s total aggregate liability for any loss or damage arising out of, or in connection with your use of the Website or the Online Services will not exceed the actual payment received by the Company from you for use of the Online Services giving rise to the loss or damage.
12.5 Where you buy any product/services from a third party seller through the Website, the Company will have no liability to you and the seller’s liability is as set out in the seller’s terms and conditions.
13.1 You agree to indemnify and keep indemnified the Company, its partners from time to time, its employees and agents, from and against any claims, liabilities, damages, costs, actions or demands, including without limitation reasonable legal and accounting costs, arising or resulting from your use or misuse of the Material or your breach of the Terms of Supply, except to the extent that such claims, liabilities, damages, costs, actions or demands are caused by the Company.
14.1 If you materially breach the Terms of Supply, the Company shall have the right to terminate the Contract and to suspend your use of the Website and Online Services immediately if the breach is capable of being remedied and has not been remedied within 14 days of receipt of written notice requiring it to be remedied. If the breach is not capable of being remedied the Company may immediately terminate the Contract and your use of the Website.
14.2 Either party may terminate the Contract on written notice to the other if that other enters into compulsory or voluntary liquidation or compounds with or convenes a meeting of its creditors or has a receiver or manager or administrator appointed or ceases for any reason to carry on business or takes or suffer any similar action which in the opinion of the party serving the notice means that the other may be unable to pay its debts.
15. WRITTEN COMMUNICATIONS
15.1 When using the Website, you accept that communication with the Company will be mainly electronic. The Company may communicate with you by email, text message, or by posting notices on the website or via other services such as a message centre. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that the Company provides to you electronically comply with any legal requirement that such communications be in writing unless that legal requirement specifically requires the Company to use a different form of communication.
16. EVENTS OUTSIDE THE COMPANY’S CONTROL
16.1 The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations to provide the Online Services that is caused by events that are outside the Company’s reasonable control.
18. LAW AND JURISDICTION
18.1 The Terms of Supply and Your use of the Website and the Online Services will be governed by the law of the Republic of Ireland. Any dispute arising from, or related to your use of the Website or the purchase of any Online Services shall be subject to the non-exclusive jurisdiction of the courts of the Republic of Ireland.